With the Control of Smoking Products for Public Health Act 2024 (Act 852) yet to come into force, the Galen Centre for Health and Social Policy said the need for the law would not have been as pressing if not for Zaliha’s controversial decision.
“My disappointment is centred around the order given by the previous health minister to remove nicotine used in vape and e-cigarettes from the restricted substances under the Poisons Act,” Galen Centre CEO Azrul Khalib told FMT.
“That single act has resulted in nicotine vape being widely available for children to buy, and retailers to legally sell them, at high nicotine concentrations. This has likely caused a massive spike in new users of nicotine vape – mostly underage, adolescent and female.”
Azrul called for the health ministry to show greater transparency and accountability as regards the implementation of Act 852, which seeks to ban the sale and purchase of tobacco products, smoking materials and tobacco substitutes to minors.
Despite multiple assurances from current health minister Dzulkefly Ahmad and his ministry, Azrul said there was no indication as to what to expect from the regulations meant to operationalise the law.
“Policies and regulations should neither be a guessing game nor seen to be the exclusive purview of the government.”
On Saturday, Dzulkefly said he expects the legislation to come into force by October, after the Attorney-General’s Chambers (AGC) has approved the regulations and orders made under the parent act.
Act 852 was gazetted on Feb 2 but its enforcement had to be put off pending finalisation of regulations by the health ministry and AGC.
Two weeks ago, Dzulkefly said those discussions with the AGC were at their final stages.
Until the law comes into force, the sale of nicotine vape products to those aged below 18 years will remain legal following the removal of liquid nicotine from the list of poisons almost one and a half years ago.
Azrul, however, refused to lay blame for the delay squarely on the health ministry.
He said the delay was likely caused by the law’s direct impact on the business interests of key stakeholders, politicians and other personalities, which the ministry had to mitigate against.
“The fault is likely not theirs but due to having to deal with the many interests related to the tobacco and vape industries.”
Meanwhile, the Malaysian Pharmacists Society expressed deep disappointment with the prolonged delay in implementing the new law, having previously called for it to be enforced in June.
Its president Amrahi Buang said there can be no further delays in enforcement to avoid giving the impression that Putrajaya does not take the new law seriously.
“It has eroded the trust of the rakyat. It looks like (there is a lack of urgency) as there’s no output at this moment, leaving a bad image on the government,” he said.
Amrahi, however, expressed pessimism about Putrajaya’s ability to meet its October implementation target, attributing the prolonged delay to the back-and-forth between the ministry and Attorney-General’s Chambers.
“(Whether it’ll be enforced in October) is a big ‘if’. It may end up being delayed until next year,” he said.